TERMS OF USE

OPTIONAL TOOLS:

By continuing to use this site, you acknowledge and agree that we provide access to third party tools “as is” and “as available” without any warranties, representations, or conditions and without any endorsement. We have no liability relating to your use of optional third-party tools. Third-party tools are optional to users, and they agree to access them at their own risk and are responsible for obtaining and understanding third-party policies. We may also update, change, edit, or offer new Services through our website without notice. These new features and/or Services shall also be subject to these Terms of Service and Privacy Policy.   

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ACCURACY, COMPLETENESS AND TIMELINE OF INFORMATION ON THIS SITE:

Aguasol Tequila, LLC is not responsible for inaccurate or out-of-date information on this website. Although, we  do our best to update this information regularly, but the material on this website is provided for general informational purposes. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. We reserve the right to change or update the contents of this website at any time but are not obligated to. By continuing to use this website, you agree that it is your responsibility to seek out and understand any changes to this website, and to seek out the most current and accurate information provided here within. You understand that when using the website, you might be exposed to user generated content, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. By continuing to use this website, you agree that you may be exposed to user generated content that is inaccurate, offensive, indecent, or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Aguasol with respect thereto, and agree to indemnify and hold Aguasol harmless to the fullest extent allowed by law regarding all matters related to your use of the website.

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CONTESTS:

Please be aware that any contests, promotions, sweepstakes, drawings, or giveaways (“Contest” or collectively, “Contests”) that you may access via any of Aguasol’s sites or platforms may be subject to their own terms and conditions that will govern your participation in those Contests. Those terms and conditions should be linked to each individual Contest. You are responsible for reading those terms and conditions and are held to those terms and conditions individually. Please also note that any personal information that you submit as part of a Contest will be governed by our Privacy Policy. If there is a conflict between these Terms of Use and the terms of the Application, the terms of the Application will control as relating to the Application.

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USE OF THIS WEBSITE:

This website (including all its contents and materials) and any of the content included on the Sites, which includes but is not limited to all copyrights, designs, logos, marks, trademarks, trade dress, images, social or traditional media, materials, and trademarks are the property of Aguasol or its licensors and is protected by copyright, trademark, trade secret, and other laws of the United States and other countries. We authorize you only on a limited basis to browse through the website and as we determine in our sole discretion to possibly print and download copies of material on the website for your personal, noncommercial use only. You are not allowed to remove any copyright, trademark, or other proprietary legends, indicating the protected status of the property nor may you modify, alter, frame, mirror, edit or otherwise change the Intellectual Property in any way.  You agree that you will not copy, display, or transmit any material on the website in any manner nor will you modify, sell, broadcast, distribute, or create derivative works of any material on the website, including uploading the material or otherwise making the material available on-line. All restrictions, rights granted by you, and all disclaimers and limitations of liability by us shall survive termination.

 

You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy, or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain materials, documents, or information through any means not purposely made available through the website. Tools that use the website shall be considered agents of the individual(s) who control or author them.

 

USER GENERATED CONTENT:

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute, or otherwise publish through this website, any content that: (i) could damage the reputation of Aguasol or any third party; (ii) is libelous, defamatory, obscene, pornographic, threatening, racially or ethnically offensive, invasive of privacy or publicity rights, infringing on proprietary or intellectual property rights, abusive, illegal, or otherwise objectionable; (iii) may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability, or violate any law; (iv) encourages, condones, or glamorizes underage drinking, drunk driving, or excessive consumption of alcoholic beverages; (v) attempts to corrupt the material, images, or files of this website; or (vi) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, contact information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the website or post any advertisements or solicitations of business on the website.

 

If you do submit material, and unless we expressly indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us the right to use the name you submit in connection with such content if we so choose. All personal information provided via this website will be handled in accordance with the website’s privacy policy. Notwithstanding the foregoing, any information or material you submit to this website, and which has not been specifically requested by us, will be deemed not to be confidential, secret, or proprietary. You represent and warrant that you own or have the necessary rights, consents, and permissions to use and authorize Aguasol to use the content you post; that any “moral rights” in your content have been waived; that you have the written consent, release, and/or permission of each and every identifiable individual person in the content to use the name or likeness of each and every such identifiable person to enable inclusion and use of the content in the manner contemplated by the website and these terms; that the content is true and accurate; that use of the content you supply does not violate these terms and will not cause injury to any person or entity; and that you will indemnify and defend Aguasol for all claims that directly or indirectly arise from content you supply.

 

We do not endorse any content or any opinion, recommendation, or advice you express herein, and we expressly disclaim all liability in connection with any content you submit. We reserve the right to deny the publishing of any user generated content, to remove or reinstate user content, and to terminate your ability to upload user content, in our sole discretion at any time without prior notice to you.

 

TRADEMARKS:

This website features logos and other trademarks and service marks that are the property of, or are licensed to, Aguasol and third parties. All trademarks are the property of their respective owners, you are not allowed to, and you agree not to use or display them in any manner unless you have received prior written permission.

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INTELLECTUAL PROPERTY RIGHTS OF OTHERS:

We respect the intellectual property rights of others, and we request that our visitors do the same. Please notify us at the following address if you believe your work has been copied.

 

Aguasol Tequila, LLC

106 East 6th Street

Suite 900-31

Austin, Texas

78701

Email:  info@aguasol.com

 

In compliance with the federal law of the United States, please include the following in your letter or email: (i) identification of infringing and infringed materials; (ii) your contact information (name, physical address, and phone number); (iii) statement of your good faith belief in the existence of the infringement; (iv) a statement indicating the accuracy of the complaint and your authority to submit it; and (v) your physical or electronic signature. If we become aware that one of our users is a repeat copyright infringer, we will take reasonable steps, within our power, to terminate that user. We may but are not obligated to give notice to our users by means of a general notice on our website, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated Copyright Agent that includes the following information: (i) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (ii) your contact information (name, physical address, and phone number); (iii) a statement of your good faith belief that the material was removed by mistake or misidentification; (iv) your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); (v) your consent to accept service of process from the party who submitted the takedown notice; and (vi) your physical or electronic signature.

For additional information regarding the enforcement of copyrights, you may review the U.S. Digital Millennium Copyright Act codified at 17 U.S.C. § 512.

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ERRORS ON OUR WEBSITE:

Prices and availability of goods and services are subject to change without notice. Errors will be corrected where discovered, and we reserve the right to modify any stated solicitation(s) for offers and to correct any errors, inaccuracies, or omissions including after an order has been submitted and whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

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JURISDICTION:

Aguasol is headquartered in Austin, TX in the United States of America, and this website is operated in the United States. The laws of the State of Texas govern these Terms of Use and your use of the website, without regard to principles of conflict of laws. We recognize that it is possible for you to obtain access to this website from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on this website, or your use of the website, is contrary to the laws of the place where you are when you access it, the website is not intended for you, and we ask you not to use the website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

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DISPUTE RESOLUTION:

All disputes arising out of your use of the website or the parties’ relationship hereunder shall be resolved by final and binding arbitration in Austin, Texas in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Arbitration as provided herein shall be the exclusive remedy for all claims and disputes. Judgment upon any award rendered by the arbitrator(s) may be entered in any State or Federal court having jurisdiction thereof. The expenses of the arbitration shall be borne equally by the parties. Any claim shall be arbitrated on an individual basis and shall not be consolidated with any claim of any other party whether through class action proceedings, class arbitration proceedings, or otherwise. Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin your infringement or other misuse of intellectual property rights.

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WAIVER:

Our failure to exercise or enforce any right or provision of this agreement, at any time or for any period, shall not be construed to be a waiver of that right or provision, or of the right thereafter to enforce that right or provision. If any provision of these terms is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms shall remain in full force and effect.

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CHANGES TO THE POLICY:

We may change, update, or add to these terms to the extent allowed by applicable law to improve our Services. The date listed at the top of these terms identifies the date this policy was last updated. We will alert you of any changes to the terms by sending a notice to the primary email address provided to us, placing a notice on the Company platform, or by posting the revised terms on our website.

Users are responsible for reading and understanding the most current terms. By using the Services after changes to our terms have been made, you are agreeing to all changes and updates.

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DISCLAIMERS:

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, AND ANY ITEM OR SERVICE YOU PURCHASE THROUGH THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. AGUASOL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIAL ON THE WEBSITE IS NONINFRINGING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIAL OR PURCHASE ANYTHING FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM THE DOWNLOAD OR PURCHASE OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.

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LIMITATION OF LIABILITY:

IN NO EVENT WILL AGUASOL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, PURCHASING ALCOHOL) OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

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INDEMNIFICATION:

YOU AGREE TO INDEMNIFY AND HOLD AGUASOL AND ITS OFFICERS, AGENTS, PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, COST, EXPENSE, CLAIM, OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, DUE OR RELATING TO, OR ARISING OUT OF YOUR USE OF THE WEBSITE IN VIOLATION OF THESE TERMS AND/OR ARISING FROM A BREACH OF THESE TERMS AND/OR ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WE RESERVE THE RIGHT TO EXCLUSIVELY DEFEND AND CONTROL ANY CLAIMS ARISING FROM THE ABOVE AND ANY SUCH INDEMNIFICATION MATTERS AND THAT YOU WILL FULLY COOPERATE WITH US IN ANY SUCH DEFENSES.